BILL NUMBER: SB 1784	CHAPTERED  09/26/00

	CHAPTER   657
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN ASSEMBLY   JUNE 13, 2000

INTRODUCED BY   Senator Figueroa

                        FEBRUARY 23, 2000

   An act to amend Section 647.6 of the Penal Code, relating to
children.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1784, Figueroa.  Children:  molestation.
   Existing law makes it a misdemeanor to annoy or molest a child
under the age of 18 years.  Existing law provides that every person
who violates this provision shall be punished upon any subsequent
convictions under this section by imprisonment in the state prison.
Existing law also provides that every person who violates this
provision after a previous felony conviction under this provision, or
a previous conviction of other specified provisions, shall be
punished by imprisonment in the state prison for 2, 4, or 6 years.
   This bill would extend the list of prior offenses that would make
a subsequent violation of this provision punishable by imprisonment
in the state prison to include certain felony offenses involving a
minor under the age of 16 years.
   Because this bill would change a misdemeanor to a felony, it would
impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 647.6 of the Penal Code is amended to read:
   647.6.  (a) Every person who annoys or molests any child under the
age of 18 shall be punished by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both the fine and imprisonment.
   (b) Every person who violates this section after having entered,
without consent, an inhabited dwelling house, or trailer coach as
defined in Section 635 of the Vehicle Code, or the inhabited portion
of any other building, shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year.
   (c) (1) Every person who violates this section shall be punished
upon the second and each subsequent conviction by imprisonment in the
state prison.
   (2) Every person who violates this section after a previous felony
conviction under Section 261, 264.1, 269, 285, 286, 288a, 288.5, or
289, any of which involved a minor under the age of 16 years, or a
previous felony conviction under this section, a conviction under
Section 288, or a felony conviction under Section 311.4 involving a
minor under the age of 14 years shall be punished by imprisonment in
the state prison for two, four, or six years.
   (d) (1) In any case in which a person is convicted of violating
this section and probation is granted, the court shall require
counseling as a condition of probation, unless the court makes a
written statement in the court record, that counseling would be
inappropriate or ineffective.
   (2) In any case in which a person is convicted of violating this
section, and as a condition of probation, the court prohibits the
defendant from having contact with the victim, the court order
prohibiting contact shall not be modified except upon the request of
the victim and a finding by the court that the modification is in the
best interest of the victim.  As used in this paragraph, "contact
with the victim" includes all physical contact, being in the presence
of the victim, communication by any means, any communication by a
third party acting on behalf of the defendant, and any gifts.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
